Nishant (Senior Analyst) 01 February 2011

Employer not giving Experience letter

Hi,

I was working with Patni Computers since the last 1.5 years. I gave my resignation on the 13th of December'2010 stating that I can only give a notice period of 2 weeks and won't be coming to the office after 27th Dec. My company has a 2 months notice period policy and I had informed them that I am ready to pay the basic component of my salary for 2 months. My Manager did not accept my resignation but I repeatedly informed him that I cannot resume services after the 27th.

I stopped going to office after the said date and started getting warning letters to resume my duties. On the 23rd of Jan'2011,I went to meet the HR and was informed that they will treat my case as an absconding case as my resignation was not accepted and I have started working for another employer. Furthermore, they said that after paying the dues I will only get the Full and final settlement document from the company and not any Experience or Relieving letter.

As I am ready to pay the dues to the company but they are still treating this case as absconding.

Kindly suggest if there is a legal way I can follow to get my Experience / Relieving letter.

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3 Replies

SUJIT S BHALEKAR (Sr. MANAGER-LEGAL) 01 February 2011

Hi Nishant,

In any event, any employer has no right to stop any employee/person from tendering the resignations for his better prospects. There are many HIgh Court ruling which very well substantiate the same. At the most, the employer(Patni) will deduct from the base salary certain amount on computation, due to absense of days from non-employment, (subject to non-availability of leave balance). Nonethless, they can not stop you from giving resignation letter. I would suggest to email/courier/Speed Post the letter & retain the acknowlegement at your end.

Regards,

Sujit S. Bhalekar

V. VASUDEVAN (LEGAL COUNSEL) 01 February 2011

Mr. Bhalekar is right. The Company is bound to give a service certificate. Your letter setting out the facts and asking for the relieving letter/service certificate should be sent by speed post to the Managing Director/CEO with cc: HR. If they don't respond, you may take up with the labour commissioner concerned with the establishment.

Kumar Doab (FIN) 03 February 2011

Until or unless specified by the board your Manager is not the one to issue acceptance of your resignation.

As adviced by the learned members you may send your representation to the MD,appointing authority,HR Head and demand to supply you the F&F,service certificate,NDC,NOC,form 16,PF accumulation reports, etc.